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B-1.1, r. 8 - Regulation respecting the guarantee plan for new residential buildings

Section 26
Disposition versions

Full text
26. The guarantee of a plan, where the contractor fails to perform his legal or contractual obligations before acceptance of the private portion or the common portions, shall cover,
(1)  in the case of a contract of sale,
(a)  either the partial payments by the beneficiary; or
(b)  completion of the work, where the beneficiary holds the ownership titles, provided that no unjustified profit for the latter results therefrom;
(2)  in the case of a contract of enterprise,
(a)  either the partial payments by the beneficiary, provided that no unjustified profit for the latter results therefrom; or
(b)  completion of the work, provided that no unjustified profit for the latter results therefrom;
(3)  the relocation, moving and storage of the beneficiary’s property where
(a)  the beneficiary is unable to declare acceptance of the building on the date agreed upon with the contractor, unless the partial payments are reimbursed; or
(b)  the beneficiary is unable to declare acceptance of the building on the date agreed upon with the contractor so that the manager may complete the building.
O.C. 841-98, s. 26; O.C. 156-2014, s. 15.
26. The guarantee of a plan, where the contractor fails to perform his legal or contractual obligations before acceptance of the private portion or the common portions, shall cover,
(1)  in the case of a contract of sale,
(a)  either the partial payments by the beneficiary; or
(b)  completion of the work, where the beneficiary holds the ownership titles and where an agreement to that effect is entered into with the manager;
(2)  in the case of a contract of enterprise,
(a)  either the partial payments by the beneficiary, provided that no unjustified profit for the latter results therefrom; or
(b)  completion of the work, where an agreement to that effect is reached with the manager; and
(3)  the relocation, moving and storage of the beneficiary’s property where
(a)  the beneficiary is unable to declare acceptance of the building on the date agreed upon with the contractor, unless the partial payments are reimbursed; or
(b)  the beneficiary is unable to declare acceptance of the building on the date agreed upon with the contractor so that the manager may complete the building.
O.C. 841-98, s. 26.
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